Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.

Shows how cultural factors have influenced the development of competition law in China, Japan and Korea.

Seventeen scholars from varying fields here consider the implications of Confucian concerns--self-cultivation, regulation of the family, social civility, moral education, well-being of the people, governance of the state, and universal peace--in industrial East Asia.

A workshop sponsored by the American Academy of Arts and Sciences in 1989 brought together more than two dozen scholars in the humanities and social sciences to explore Confucian ethics as a common intellectual discourse in East Asia. The participants included specialists on the societies of China, Japan, Korea, Taiwan, Hong Kong, and Singapore as well as scholars who specialize in comparative studies. In nine intensive sessions, they probed the ways in which the Confucian ethic has shaped perceptions of selfhood, dynamics of familial relations, gender construction, social organization, political authority, popular beliefs, and economic culture in East Asia. This book is a distillation of the essence of their multidisciplinary and cross-cultural examination of these issues. It seeks especially to illuminate claims that Confucian ethics have provided the necessary background and a powerful motivation in the rise of industrial East Asia, the most dynamic region of sustained economic growth and political development since World War II.

This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.